Prosecuting Foreign Terrorist Fighters: What Role for the Military?

Ginkel, Bibi van

doi:10.19165/2016.2.01

Cited by 4 publications

(1 citation statement)

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“…These measures range from military action, financial tracking and tracing of 'terrorist' monies, and legal measures to deter, prevent, and to criminalize other actions within the remit of joining IS/the Caliphate to programmes in the field of 'social engineering' , such as exit programmes to facilitate and nudge people into deradicalization, disengagement, rehabilitation and reintegration projects. 17 The security risk involving these foreign fighters has both an external and an internal component: they might reinforce the battle and conflict situation in Syria and Iraq and/or might return to their countries of residence and carry out attacks there -as has become manifest to a series of attacks in paris, Brussels, Berlin and Munich between 2013 and 2017. The United Nations Counter-Terrorism Committee Executive Directorate (CTED) formulated the risk in these words:…”

Section: The Precautionary Turn In Criminal Lawmentioning

confidence: 99%

Foreign fighters on trial: Sentencing risk, 2013–17

Graaf¹

2019

Radicalization in Belgium and the Netherlands

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The youngest terror suspect ever' , the Dutch yellow press journal De Telegraaf was titled on 16 September 2015. Rahma E., a Dutch-Somali born girl, 15 years of age, living with her mother in Maastricht was arrested for preparing to emigrate to the Caliphate in Libya and wanting to join international jihad. She was arrested in possession of a new phone with Syrian telephone numbers, travel itinerary, and after having chatted extensively about her plans with a sister in arms and having sent a gold ring as payment for her trip. Interestingly, in the verdict the judge made a sharp distinction between the different stages of preparatory actions. Rahma E. had carried out preparatory acts with respect to planning her trip to Syria to join Islamic State (IS) (see annex 1, below, nr. 31), hence preparing for committing a crime (joining a terrorist organization), but since she had not actually started her trip, she was acquitted from concrete executive actions, such as initiating the travel. This verdict implied that had she left the country for her trip, this would indeed have been considered an executive act of trying to join a terrorist organization-a departure from previous rulings that acquitted passport-carrying Dutch suspects from the same crime who were caught as far as Turkey. The argument in this chapter is that trials against alleged foreign fighters demonstrate how the turn towards precautionary or actuarial justice 2 has progressed increasingly further in the field of preparatory acts ('left from the bang'). This transformation of terrorism law into a means of risk management with its corresponding challenges (see the above attempts to classify different kinds of preparatory acts) has been facilitated and instantiated by means of terrorism trials. within the confines of the courtroom, scholarly models and schemes of radicalization processes are invoked to visualize linear and deterministic trajectories that inform the prosecution's attempts to prevent acquittals. The courtroom becomes a theatre of-rather crudely applied-counterradicalization theories and solutions. Thus, criminal law in terrorism cases has come to infringe upon the existence of rehabilitative models since the objective of the legal proceedings has shifted towards control and deterrence rather than

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Section: The Precautionary Turn In Criminal Lawmentioning

confidence: 99%